General Discussion
In reply to the discussion: The gay marriage decision has put us in uncharted waters with regard to polygamy [View all]prayin4rain
(2,065 posts)Imagine that there has throughout history been one corporate form recognized by the government, the LLC. And it has always been the law that in order to start an LLC, you had to name five members. Tax code, the business organization codes, etc. were all based on this five member structure. And the law said that all five members must be hetero, white males.
But, as we evolved we came to realize that if the government recognizes a corporate form, we cannot confine its five members to white hetero males. The government cannot exclude women, other races or gays because that is discriminatory.
There is no legal argument to be made that by not expanding the LLC structure to ten members it is discrimination against any group of people.
You're right that if enough people start telling the government that a ten member corporate form (or a two member) is really needed, the government may create an S-Corp structure. But it's not violating anybody's civil rights for the government to refuse to create new structures with different member requirements.
It IS violating civil rights to say in order to be an LLC member, you must be a white hetero male. NOT discriminatory to say an LLC must contain five members.